Catalogue description Marriage settlement (attested copy) by grants of annuities charged upon real estates

This record is held by West Sussex Record Office

Details of Add Mss1282
Reference: Add Mss1282
Title: Marriage settlement (attested copy) by grants of annuities charged upon real estates
Description:

(a) William Russell the elder of Harting,yeo., (b) Joseph Postlethwaite of Barnham, gent., (c) William Russell the younger of Harting, yeo.(s. of (a)), and Anne Postlethwaite of Barnham, spinster (dau.of (b)), (d) William Russell of Bishopstoke (co. Hants) and William Johnson of Chichester, mercer

 

I. Annuity or rent charge of £30 out of two messuages, dwellinghouses or cottages with the outhouses, barns and buildings belonging, out of farm and lands (40 a.), out of barn, gateroom and several closes and pieces of arable, meadow and pasture lands (13 a.) called the Crockfords otherwise Johnsons, The Gastons, Bull Garden, Dodgers, Cootes Garden or Meadow and a small hanger, out of parcel of land (8½a.) called Woodhouse and common of pasture for ten sheep upon East Harting Down, bounding to the land formerly of the late Earl of Tankerville on W. and N., on S. against Rotherbridge Lane, and on E. against the lane leading to Dumpfold Park, out of close of land (8a.) called Biggestholt Croft, out of close of land (6a.) called Eastfield on E. side of the highway leading towards Elsted between lands of Ann Holt, wid., called Groundless Poll on N. and lands of [blank] Ball on S., being parcel of a messuage and two yardlands called Hollistes amongst other lands and tenements, out of croft or close of land (2a.), bounding to East Harting Down on N., lands of Richard Ayling on E., North Marden Down on S. and lands of William Elms on W., being parcel of a messuage and two yardlands called Hollistes with common of pasture for feeding sheep on Harting Down, out of close of land (4a.) called North Field, adjoining to lands of (a) on S., to lands of said late Earl of Tankerville on E., and to a cross lane on N., out of close of land (3a.) called Ribbetts, adjoining to lands now or late of John Moorey on E., and S., to lands now or late of John Palmer, gent., on W., and to the highway on N., with common of pasture and feeding for twenty sheep on the common downs of East Harting, out of messuage or dwellinghouse, backside, garden and orchard or little close of land late an orchard (1a.) lying by the lane going from 'Wicks' to 'Tye', out of two closes of land (7a.) lying between the two lanes at 'Tye', out of barn and gateroom 'adjoining to the said Tenement', accounted half a quarter of yard land and also common of pasture upon Weeks Little Common, 'as the same now lyeth for Comon after the Rate of Half a quarter of a yard Land', out of messuage or dwellinghouse with the barn, gateroom and backside (2a.), parcel of land (7a.) called the East Field and the Hanger, and parcel of land (11a.) called the Woodhouse Land, out of parcel of land (8½a.) late parcel of the lord's waste lying in Whye Wood, heretofore inclosed, and common of pasture for forty sheep upon East Harting Down, and out of messuage or dwellinghouse, barn, stable, garden, orchard, backside and lands called Hillaryes, Mothes and Woodhouse, containing two yardlands: all these properties being in East Harting in the parish of Harting, and in the tenure or occupation of (a)

 

II. Annuity or rent charge of £40 out of barn called the Parsonage in Barnham, and out of the rectory of Barnham and out of all tithes belonging: these properties being in the tenure or occupation of Joseph Postlethwaite the younger, yeo., and lately purchased by (b) of Edward Madgwick, gent

 

Grant, in consideration of the forthcoming marriage of (c) and of £200 paid by (a) to said William Russell the younger, of the annuity in I from (a), with the consent and approbation of (c), and of the annuity in II from (b), with the consent and approbation of (c), to (d), to hold the annuity in I to the use of (a) until the marriage, and the annuity in II to the use of (b) until the marriage, then to hold both annuities to the use of said William Russell the younger for life, then to the use of said Ann Postlethwaite for life, then to the use of the children of (c) for such uses and in such shares as (c) shall jointly appoint, and in default of such joint appointment then for such uses and in such shares as the survivor shall appoint, and for want thereof to the use of all the children of (c) to be divided equally between them as tenants in common and not as joint tenants, and should there be no children, then to hold the annuity in I to the use of William Russell the younger, his heirs and assigns for ever and the annuity in II to the use of Ann Postlethwaite, her heirs and assigns for ever. Power for the sale of annuities by said William Russell the younger, with the consent and approbation of said Ann Postlethwaite and the approbation of (d), provided that freehold estates of equal value are conveyed and settled upon the above trusts

 

Covenant by (a) and (b) that they are possessed of the above properties free from encumbrances, except for an indenture of settlement and mortgage, 17 Jan. 1761, for securing £1,000 made between (i) Thomas Newhouse of Petworth, clerk, (ii) (b); (iii) John Newhouse of Petworth, gent. (s. of said Thomas Newhouse) and Susannah Postlethwaite of Barnham, spinster (dau. of (b)); (iv) William Mitford of Pitshill in Tillington, esq; and William Peachey of 'the Hornett' in Rumboldswyke, esq

 

Witnesses, to the signatures of (a), (b) and (c) - Jane Webb, Henry Webb

Date: 16 Nov. 1770
Held by: West Sussex Record Office, not available at The National Archives
Language: English
Link to NRA Record:

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